Trial Statistics - United States Patent And Trademark Office

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Trial StatisticsIPR, PGR, CBMPatent Trial and Appeal BoardSeptember 2020

Petitions by Trial Type(All Time: Sept. 16, 2012 to Sept. 30, 2020)IPR11,29993%12,147TotalCBM6025%PGR2462%Trial types include Inter Partes Review (IPR), Post Grant Review (PGR), and CoveredBusiness Method (CBM).3

Petitions Filed by Technology in FY20(FY20: Oct. 1, 2019 to Sept. 30, 2020)Mechanical &Business mical987%Bio/Pharma785%Design201%4

Petitions Filed by Month(Sept. 2020 and Previous 12 Months: Sept. 1, 2019 to Sept. 30, 2020)(1,429 IPRs in FY20)9997743Sep-19133119887923110 9PGR(64 PGRs in FY20)9 7 63 4 5Sep-2015185IPRSep-195155152150144Sep-20(20 CBMs in FY20)00Sep-1950022CBM011018Sep-205

Institution Rates(FY13 to FY20: Oct. 1, 2012 to Sept. 30, FY14FY15FY16FY17FY18FY19Institution rate for each fiscal year is calculated by dividing petitions instituted bydecisions on institution (i.e., petitions instituted plus petitions denied). The outcomesof decisions on institution responsive to requests for rehearing are excluded.FY206

Institution Rates by Technology(All Time: Sept. 16, 2012 to Sept. 30, 2020)Bio/Pharma58% (549 of 941)ChemicalDesignElectrical/ComputerMechanical &Business Method61% (360 of 590)35% (21 of 60)66% (3,684 of 5,603)67% (1,584 of 2,374)Institution rate for each technology is calculated by dividing petitions instituted bydecisions on institution (i.e., petitions instituted plus petitions denied). The outcomesof decisions on institution responsive to requests for rehearing are excluded.7

Pre-Institution Settlements(FY13 to FY20: Oct. 1, 2012 to Sept. 30, 2020)20%Settlement 16FY17FY18FY19Settlement rate for each year is calculated by dividing pre-institution settlements bythe sum of proceedings instituted, denied institution, dismissed, terminated with arequest for adverse judgment, and settled before decision on institution.FY208

Post-Institution Settlements(FY13 to FY20: Oct. 1, 2012 to Sept. 30, 2020)Settlement FY15FY16FY17FY18FY19Settlement rate for each year is calculated by dividing post-institution settlements byproceedings terminated post-institution (i.e., settled, dismissed, terminated with arequest for adverse judgment, and final written decision), excluding joined cases.FY209

Status of Petitions(All Time: Sept. 16, 2012 to Sept. 30, 2020)12,1471,30976357These figures reflect the latest status of each petition. The outcomes of decisions oninstitution responsive to requests for rehearing are incorporated. Once joined to a basecase, a petition remains in the Joined category regardless of subsequent outcomes.3,414Final Writ.Decisions524RequestedAdverse J.548DismissedDeniedRequestedAdverse d48Pending137Joined1,554Instituted84010

Outcome of Concluded Proceedings(All Time: Sept. 16, 2012 to Sept. 30, 2020)Institution Denied3,34033%Settled2,86329%FWD AllPatentable673FWD Mixed7%6276%FWD AllUnpatentable2,11421%RequestedAdverse J.4054%Joined and dismissed cases are excluded.FWD3,41434%Percentage of Final Written Decisions673 20%627 18%2,114 62%FWD All PatentableFWD MixedFWD All Unpatentable11

Trial Statistics IPR, PGR, CBM Patent Trial and Appeal Board September 2020. IPR 11,299 93%. CBM 602 5%. PGR 246 2%. 12,147 Total. 3. Petitions by Trial Type (All Time: Sept. 16, 2012 to Sept. 30, 2020) Trial types include Inter Partes Review (IPR ), Post Grant Review (PGR ), and Covered

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